Levin V. Czubaraoff's article "The Takeaway From Penn Township For Cell Tower Cos." was published in the October 7, 2013 issue of Law360. A synopsis is noted below.
The zoning process for constructing new cellular telecommunications towers is very controversial, and often times, cell tower companies find themselves fighting against the municipality and local residents to obtain zoning approvals.
As seen in a recent Pennsylvania Commonwealth Court case, it is imperative for cell tower companies to prepare their expert witnesses and have a proactive strategy for a validity challenge to a zoning ordinance.
This article discusses specific aspects of the recent Pennsylvania Commonwealth Court case of Wireless Development Group LLC v. Penn Township and how a cell tower company can enhance its chances to succeed in its validity challenge to a municipality's zoning ordinance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
